K MANICKAVASAGAM Vs. MANAGING DIRECTOR TWAD BOARD

JUDGEMENT

(1.) THIS writ petition has been filed for the issue of a writ of declaration for declaring that Regulation 19 (2) (C) (ii) (3) (C) of Tamilnadu Water Supply and Drainage Board Service Regulations, 1972 is illegal and void.

(2.) THE Tamilnadu Water Supply and Drainage Board (hereinafter referred to as 'twad Board') was formed on April 14, 1971 by an Act called the Tamilnadu Water Supply and Drainage Board Act, 1970 (hereinafter referred to as the Act ). The Regulations governing the service conditions of the Officers and employees of the TWAD Board called Tamilnadu Water Supply and Drainage Board Service Regulations, 1972 (hereinafter referred to as the Regulations) were made under Sub-sections (1) and (2) of Section 73 of the Act and these Regulations were issued on December 13, 1972. The employees of the TWAD Board are classified under various services such as TWAD Board General Service, TWAD Board Engineering Service, TWAD Board Engineering Subordinate Service, TWAD Board Subordinate Service, TWAD Board General Subordinate Service and TWAD Board Last Grade service. The petitioner, being a Junior Engineer (formerly Supervisor) belongs to TWAD Board Engineering Subordinate Service. The Draftsman of all grades also belong to TWAD Board Engineering Subordinate Service. Assistant Executive Engineer (formerly Assistant Engineer) is a post in the TWAD Board Engineering Service. This post has to be filled up either by direct recruitment or by promotion of Assistant Engineers (formerly Junior Engineers) and Junior Engineers (formerly Supervisors ). As per Regulation 19 (2) (C) (ii) of the Board's Service Regulations, so far as suitable and qualified hands are available, out of every four vacancies successively arising otherwise than substantively among the Assistant Executive Engineer the first three vacancies should be filled or reserved to be filled by recruitment by promotion from among the Assistant Engineers (formerly Junior Engineers) possessing the B. E. Degree and who have rendered more than 5 years of service, Municipal Engineers Grade-III taken over to the Department of Public Health Engineering and Municipal Works possessing Diploma qualification and not less than 10 years of service and Municipal Engineers Grade-III taken over to the Department of Public Health Engineering and Municipal works with lower subordinate qualification having put in 18 years of service. The fourth vacancy has to be filled or reserved to be filled by recruitment by transfer from (1) Junior Engineers (formerly Supervisors) with 10 years of service; (2) the Junior Engineers (formerly Supervisors) promoted from the rank of Draftsman possessing upper subordinate, L. S. E. , L. C. E. , or D. C. E. Diploma having put in not less than 15 years of service, or A. M. I. E. with 15 years of service or with L. E. qualification with 18 years service; (3) Draftsman Grade-I and Head Draftsman possessing the above qualifications having put in not less than 10 years of service out of which at least one year must have been spent on outdoor field work and (4) Draftsman Grade-I and Head Draftsman with lower subordinate having put in not less than 18 years of service out of which atleast one year should have been spent on outdoor field work. Thus as per Regulation 19 (2) (C) (ii) for every four vacancies, three vacancies have to be filled up with graduate engineers and the fourth vacancy by diploma-holders working as Junior Engineer and as Draftsman Grade-I and Head Draftsman.

(3.) CLAUSE (2) (C) (ii) of Regulation 19 runs as follows: